Handy

Petitioner Nancy S. Handy seeks a writ of prohibition to prevent the Superior Court of Solano County from proceeding to hear the case of Gilbert Handy, Plaintiff and Cross-Defendant v. Nancy S. Handy, Defendant and Cross-Complainant, (Case No. 34682).

On March 29, 1960, Gilbert S. Handy filed suit in Solano County for annulment against Nancy S. Handy. On May 10, 1960, Nancy filed a verified answer to the verified complaint for annulment and also filed a verified cross-complaint for divorce in which she alleged that both she and Gilbert Handy were residents of Alameda County. On May 12, 1960, Nancy filed a notice of motion for a change of venue. At the hearing, Nancy, through her attorney, objected to the jurisdiction of the court and requested that the cause be transferred to Alameda County on the following grounds: 1. That the convenience of witnesses would be served by a transfer, and, 2. that, though brought in a proper county, the cross-complaint and the admitted residence of the parties in Alameda County, compelled a transfer. After a hearing the trial court denied the motion for a change of venue and this proceeding followed.

Petitioner relies on that portion of section…